Memorandum

City of Lawrence

City Manager’s Office

 

TO:              David L. Corliss, City Manager

FROM:         Cynthia Boecker, Assistant City Manager

CC:              Diane Stoddard, Assistant City Manager

Charles Soules, Public Works Director

                   Ed Mullins, Finance Director

                   Dena Mezger, Assistant Public Works Director

                   Jonathan Douglass, Assistant to the City Manager

                   Casey Liebst, Budget Manager

DATE:          November 1, 2007

RE:               Local Sales Tax Options

 

Following Commission discussion of local sales tax comparisons to other communities, staff reviewed state statutes and developed options for Commission review.

 

State Law Regarding Sales Tax Authority and Current Sales Tax Rates

Kansas state law provides cities the authority to levy sales taxes of up to 2% for general purposes and an additional 1% for special purposes.  “Special purposes” are not defined within the sales tax act.  Each city is allowed to determine what may be funded with special purpose sales taxes.  Any sales tax designated as special purpose must expire after 10 years.

 

As previously presented to the Commission, the City of Lawrence currently has in place 1% in total local sales taxes:  .5% for public safety and .5% for general purposes.  The City also receives a share of the County-wide 1% sales tax. 

 

The city general purpose sales tax was instituted in 1971 while the second .5% was approved by voters and went into effect in 1990 and funded hiring of public safety personnel and purchase of equipment.  The 2008 budget included sales and use tax revenues of $13.6 million.

 

The 1% county-wide sales tax was approved in 1994 and became effective in 1995.  When this tax was enacted, the City indicated that it would dedicate 5 mills of its share of the County sales tax receipts toward property tax reduction.  This “5 mill property tax” amount stays in the City’s general fund and grows as our assessed valuation grows.  An annual 5% increase in assessed valuation is included in projections.   In addition to the mill rate reduction, funds are transferred to support recreation operations and the city’s share of the cost to operate the Lawrence-Douglas County Community Health Facility on Maine Street per attached ballot language. 

 

As a result of the reduced mill levy, receipts for vehicle property taxes are lower.  County sales tax funds are applied to replace those revenues.  Remaining collections are used to achieve fund balance goals. 


The 2008 budget projects receipts totaling $9 million from the county-wide sales tax, utilized as follows:

                  

                   Property Tax Reduction                 $4.3 million

                   Recreation Operations                              1.4 million

                   Health Facility Operations                     180,000

                   Motor Vehicle Revenue Loss                  120,000

                   Transfer to Sales Tax Reserve             3 million

                             Debt service for prior capital projects ($1.5 million)  

                                    Street maintenance projects ($850,000)

                            

 

Sales Tax Options

Staff has prepared information on four scenarios for Commission review as outlined below.  Each scenario provides funding for infrastructure maintenance, economic development and open space acquisition.   Projections assume that a 1% sales tax generates $12 million annually and conservatively estimates 2% annual sales tax growth.

 

Scenario 1:  .25% sales tax with 5 year sunset

          Total first year revenue:                          $3 million

Total estimated revenue – all years: $15.6 million

         

          Infrastructure allocation:                          $2.5 million annually

          Economic Development allocation:    $250,000 annually

          Open Space Acquisition allocation:    $250,000 annually

 

Scenario 2:  .25% sales tax with 10 year sunset

          Total first year revenue:                          $3 million

Total estimated revenue – all years: $32.8 million

         

          Infrastructure allocation:                          $2.5 million annually

          Economic Development allocation:    $250,000 annually

          Open Space Acquisition allocation:    $250,000 annually

 

Scenario 3:  .50% sales tax with 5 year sunset

Total first year revenue:                          $6 million

Total estimated revenue – all years: $31.2 million

         

          Infrastructure allocation:                          $5 million annually

          Economic Development allocation:    $500,000 annually

          Open Space Acquisition allocation:    $500,000 annually

 

Scenario 4:  .50% sales tax with 10 year sunset

Total first year revenue:                          $6 million

Total estimated revenue – all years: $65.7 million

         

          Infrastructure allocation:                          $5 million annually

          Economic Development allocation:    $500,000 annually

          Open Space Acquisition allocation:    $500,000 annually

Anticipated Impact on Infrastructure

Currently, the primary pavement maintenance operations include the mill and overlay program, which includes some curb and gutter replacement, and the microsurfacing program. These preventative maintenance methods are appropriate for full-depth asphalt pavement, as well as concrete streets with an asphalt surface layer, that have not yet deteriorated beyond a certain condition. The condition of the pavement on each street is indicated by a pavement condition index (PCI) that ranges from 0 to 100. Streets are considered too deteriorated for preventative maintenance when the PCI is below 55 for residential streets, 60 for collector streets and 65 for arterial streets. Curb and gutter condition is rated separately as poor, fair or good.

 

Based on those criteria, an area equivalent to approximately 250 miles of two-lane residential streets is eligible for preventative maintenance programs over the next ten years. (Streets that are three or four lanes are included in the total as an equivalent length of two-lane roadway.) There are also 61.6 miles of curb and gutter in poor condition. In addition to the asphalt surfacing, there are nearly 31 miles that are brick or a combination of brick and other materials and 20 miles that are concrete.

 

Of the 250 miles of surfacing, approximately 140 miles is suitable for microsurfacing and the remaining 110 miles will need to be milled and overlaid. At current contract funding levels (approximately $4.5 million) the annual programs mill and overlay an equivalent of 8.6 miles, microsurface an equivalent of 18.2 miles, and replace 8.9 miles of failed curb and gutter. Maintenance programs for brick and concrete pavements are not currently in place. Spot repairs of the worst areas are completed by the city’s Street Division on a complaint basis.

 

With the potential of an additional $2.5 million per year (scenario 2), over a 10 year period the annual programs could be increased to microsurface approximately 27 miles, mill and overlay approximately 13.5 miles, and replace 9 to 10 miles of curb and gutter each year. In that 10-year program all of the candidate streets could be addressed and all poor curb and gutter replaced. Toward the end of the period, streets which were milled and overlaid in recent years and the first few years of an expanded program could also be microsurfaced to provide a longer pavement life. The additional funding would also allow the city to begin addressing portions of the brick and concrete streets. The proposed programs for those pavements would include funding for restoring a minimum amount of those pavements each year, such as one block of brick pavement each year and 5,000 square yards of concrete.

 

An additional $5 million annually (scenario 4), would allow the above to be accomplished and would add approximately $2.5 million each year to begin reconstruction of streets which are in a condition beyond which preventive maintenance will be effective (for example 19th Street and Kasold north of 15th Street).

 

Process for Referenda

Should the Commission direct that a sales tax question be placed on the ballot, a referendum may be held at any time.  A referendum could be held in typical election manner or mail ballot may be used.  Per state statute, direct expenses of a city referendum are charged back to the city if an election is not held on the date of a countywide election.  Such an election is estimated to cost approximately $36,000.  Should an election be scheduled at the same time as another election, little if any, additional cost is charged to the city.

 

Mail ballot elections are authorized by state statute as outlined in the attached memo from Administrative Services Director/City Clerk Frank Reeb.  Briefly, ballots are mailed to registered voters with voting instructions and a return identification envelope no sooner than 20 days prior to and no less than 10 days before the date of the election.  Each elector must declare that they will not vote more than once.  Based on estimates from other jurisdictions who have conducted mail ballot elections, costs of printing ballots, envelopes and voter instructions, and postage for 62,000 ballots (the approximate number of voters registered for the April 2007 City Commission election),  is estimated to be approximately $100,000.   (This is an estimate using 100% voter return.  Actual costs would depend on the number of ballots returned.) 

 

Staff has reviewed information from the Secretary of State’s office which tracks mail ballot elections by jurisdiction, issue, number of ballots mailed and number returned.  While there have been over 120 mail ballot elections within the State of Kansas, elections in Johnson and Sedgwick Counties for issues ranging from school bond elections to sales tax increases would most closely match the circumstances of a ballot election and number of ballots mailed.  Turnout/mailed responses ranged from 42% to 69%, with a mean voter turnout in nine elections of 55.9%.

 

Action Requested

This is provided for Commission review and discussion.  Due to the scope of projects which could be completed with various funding levels, staff’s recommendation would be to pursue scenario 4, a .50% sales tax for a period of 10 years.